VACATE

99A-F242-DEQ · Department of Environmental Quality · 2000-01-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | | No. 99A-F242-DEQ | | | | | |Circle K Store #787 | |ORDER VACATING HEARING | |939 West Baseline Rd. | | | |Tempe, Arizona 85283 | |AND REMANDING TO AGENCY | | | | | |LUST No. 2286.01-02 | | | | | | |

This matter is set for hearing on January 7, 2000. On January 5, 2000, Sterling Hundley, Manager, Finance & Budget, Environmental Compliance, acting on behalf of Appellant Tosco Marketing Company, filed a notice withdrawing the request for hearing, as the appeal had been mutually resolved. Parties may resolve a matter by agreed settlement. Arizona Revised Statutes § 41-1092.07(F)(5). Accordingly, IT IS ORDERED vacating the hearing and remanding this appeal to the Director of the Arizona Department of Environmental Quality. ORDERED this 5th day of January, 2000.

George A. Schade, Jr. Administrative Law Judge

A copy of this Order was mailed on January 5, 2000, to:

Jacqueline E. Schafer, Director Joan Card, Esq. Arizona Department of Environmental Quality Office of the Attorney General 3033 North Central Avenue 1275 West Washington Phoenix, Arizona 85012 Phoenix, Arizona 85007

Sterling Hundley, Manager, Environmental Compliance Tosco Marketing Company P. O. Box 52085 Phoenix, Arizona 85072

George A. Schade, Jr. -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826